United States of America: Montana legislature adopted Bill criminalising non-consensual disclosure of explicit synthetic media depicting identifiable individuals (SB 413)

On 5 May 2025, the Montana Legislature adopted the Bill criminalising non-consensual disclosure of explicit synthetic media depicting identifiable individuals (SB 413). The Bill will be sent to the Governor for final approval. The Bill prohibits the knowing or purposeful disclosure of explicit synthetic media depicting an identifiable individual without that individual’s consent, where the disclosure is likely to cause substantial emotional distress, or is made with the intent to terrify, threaten, harass, intimidate, or injure. It also prohibits possession and threatened disclosure of such media with intent to obtain money or other valuable consideration. “Explicit synthetic media” refers to AI-generated or otherwise fabricated media depicting sexual conduct or intimate body parts. The Bill sets out penalties of up to one year’s imprisonment and a USD 1'000 fine for a first offence, escalating to 5 years’ imprisonment or a fine of up to USD 10'000 for repeat violations, and 10 years if the individual depicted is under 18 years of age. It includes exemptions for disclosures in legal proceedings, public interest reporting, scientific research, education, and excludes liability for online platforms unless they knowingly assist in the violation.